Veolia Recycling & Recovery Pty Ltd

Case

[2024] FWCA 936

18 MARCH 2024


[2024] FWCA 936

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling & Recovery Pty Ltd

(AG2024/548)

VEOLIA ACT RESIDENTIAL AGREEMENT 2023

Waste management industry

DEPUTY PRESIDENT BOYCE

SYDNEY, 18 MARCH 2024

Application for approval of the Veolia ACT Residential Agreement 2023

  1. An application has been made for approval of an enterprise agreement to be known as the Veolia ACT Residential Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Veolia Recycling & Recovery Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

  1. The Employer has provided written undertakings dated 12 March 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Waste Management Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

  1. The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2024. The nominal expiry date of the Agreement is 1 February 2027.


DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE523841  PR772392>

Annexure A

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